Statement Case Management ConferenceCal. Super. - 6th Dist.March 23, 202121 CV381025 Santa Clara - Civil MTORNEY FOR (Name): Northpoint Capital Fund, LLC Case #21 CV381 025 SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North First St. MAILING ADDRESS: CITY AND ZIP CODE: San Jose 951 1 3 BRANCH NAME: Downtown Superior Court (DTS) Envelope: 6920193 PLAINTIFFIPETITIONER: NORTHPOINT CAPITAL FUND, LLC DEFENDANTIRESPONDENT:JAMES McCLENAHAN, et al. QMelflfl/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): FOR COURT USE ONLY Joshua J. Borger 231 591 _ _ Berliner Cohen Electronlcally Flled 10 Almaden Blvd., 11th Floor by Superior Court Of CA, San Jose CA 95113 County of Santa Clara, TELEPHONE No: (408) 286-5800 FAX N01 {Opdonarx (408) 998-5388 on 7/26/2021 9:38 AM E-MAIL ADDRESS (Optional): joshua.borger@berliner.com Reviewed By; system system CASE MANAGEMENT STATEMENT CASE NUMBER: Address 0f court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Joshua J. Borger (Check one).- E UNLIMITED CASE E LIMITED CASE 21 CV381 025 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) 0r less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8/3/2021 Time: 3:00 P.M. Dept: 19 Div; Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Plaintiff Northpoint Capital Fund, LLC b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-compfafnants only) a. The complaint was filed 0n (date): 3/23/2021 b. E The cross-complaint. if any, was filed on (date): 3. Service (t0 be answered by plaintiffs and cross-complainants only) a. m All parties named in the complaint and cross-complaint have been served, have appeared. 0r have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specifi/ names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (special names): c. E The following additional parties may be added (specify names, nature offnvofvement in case, and date by which they may be served): 4. Description of case a- TYPE 0f case i" m complaint E cross-complaint (Describe, including causes 0f action): Breach of contract; breach of implied covenant of good faith and fair dealing; fraud; intentional interference with contractual relations; breach of fiduciary duty; aiding and abetting fraud, breach of fiduciary duty, and conversion of collateral; conspiracy; conversion of collateral; reformation of the deed of trust. Form Adantedformandam Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-llo [Rem July 1, 2011] Page 1 of 5 Ca]. Rules of Court, rules 3.?20-3J30 www.couns.ca.gov CM-110 DEFENDANTIRESPONDENTZ JAMES MCCLENAHAN, et al. CASE NUMBER: PLAINTIFFIPETITIONERI NORTHPOINT CAPITAL FUND, LLC 21cv381025 4. 10. b. Provide a brief statement of the case. including any damages. (If persona} injury damages are sought, specify the injury and damages claimed, fnciuo‘ing medical expenses to date [Indicate source and amount], estimated future medica! expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the refiet) Defendants engaged in a pattern and practice of intentionally drafting loans with usury interest rate, taking the money under the loan, and refusing to pay it back by claiming that the loans are unlawful. Defendants then committed fraud in interfering with attempts to foreclose on the collateral. E (If more space i5 needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request m a jury trial E a nonjury trial. (h‘ more than one party, provide the name of each party requesting a jury trial): Trial date a. E The trial has been set for (date): b. m No trial date has been set. This case will be ready for trial within 12 months of the date 0f the filing 0f the complaint (ff not, expiafn): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailabiligl): Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specffi/ number): 1 0 b. E hours (short causes) (specify): Trial representation (to be answered for each party) The party 0r parties will be represented at trial m by the attorney or party listed in the caption E by the following: a. Attorney: b Firm: c Address: d. Telephone number: f. Fax number: e E-mail address: g. Party represented:E Additional representation is described in Attachment 8. PreferenceE This case is entitled to preference (specify code section): Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: CounselE has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is subject t0 mandatory judicial arbitration under Code 0f Civil Procedure section 1141.11 0r to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery t0 the amount specified in Code 0f Civil Procedure section 1141.11. (3) E This case is exempt from judicial arbitration under rule 3.811 0f the California Rules 0f Courtor from civil action mediation under Code 0f Civil Procedure section 1775 et seq. (specify exemption): CM-flDIRW- MY 1- 20111 CASE MANAGEMENT STATEMENT Pa9°=°fs CM-110 _ PLAINTIFFIPETITIONER: NORTHPOINT CAPITAL FUND, LLC DEFENDANTI'RESPONDENT:JAMES MCCLENAHAN, et al. CASE NUMBER: 21cv381025 10. c. Indicate the ADR process or processes that the party 0r parties are willing t0 participate in, have agreed t0 participate in, or have already participated in (check ah' that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed t0 this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy 0f the parfies'ADR processes (check ah' that apply): stipufation): (1) Mediation E Mediation session not yet scheduled Mediation session scheduled for (date): Agreed t0 complete mediation by (date): Mediation completed 0n (date): (2) Settlement E conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation E Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed 0n (dare): (4) Nonbinding judicial E arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed t0 complete judicial arbitration by (date): Judicial arbitration completed 0n (dare): (5) Binding private E arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed t0 complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): E DUDE DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed t0 complete ADR session by (date): ADR completed 0n (date): CM-uo [Rem July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFHPETITIONER: NORTHPOINT CAPITAL FUND, LLC CASE ”UMBER: 21cv381025 DEFENDANTIRESPONDENT: JAMES McCLENAHAN, et al. 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation 0f rights: E Yes E N0 c. E Coverage issues will significantly affect resolution 0f this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing 0f this case and describe the status.E Bankruptcy E Other(specifi/): Status: 13. Related cases, consolidation, and coordination a, E There are companion, underlying. or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. Bifu rcationE The party or parties intend to file a motion for an order bifurcating. severing. or coordinating the following issues or causes of action (special moving party, type 0f motion, and reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specffi/ moving party, type of motion, and issues): 16. Discovery a. E The party 0r parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe ah' anticipated discovery): Party Description Date Plaintiff Depositions Per Code Plaintiff Written discovery Per Code c, E The following discovery issues. including issues regarding the discovery of electronically stored information, are anticipated (speciW): CM-no [Rem July 1. 2011] CASE MANAGEMENT STATEMENT Page 4o! 5 CM-110 PLAINTIFFIPETITIONER: NORTHPOINT CAPITAL FUND, LLC CASE NUMBER:_ 21 cv381 025 DEFENDANTIRESPONDENT:JAMES McCLENAHAN' et a]. 17. Economic litigation a.E This i5 a limited civil case (i.e., the amount demanded i5 $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b.E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic: litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesE The party or parties request that the following additional matters be considered 0r determined at the case management conference (special): 19. Meet and confer a.E The party 0r parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (ff nor, explain): b. After meeting and conferring a5 required by rule 3.724 0f the California Rules 0f Court, the parties agree on the following (SPECI'MI 20. Total number of pages attached (if any): o | am completely familiar with this case and will be fully prepared t0 discuss the status 0f discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority t0 enter into stipulations 0n these issues at the time 0f the case management conference, including the written authority of the party where required. Date: 7/26/2021 Joshua J.Borger ’ gi F ( \ (TYPE OR PRINT NAME) (SIGNATDREfiO ARTY OR ATTORNEY) (SIGNATURE OF PARTY OF! ATTORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM-llD [Rem July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Northpoint Capital Fund, LLC V. McClenahan, et a1. Case No. 210V381025 PROOF OF SERVICE I, Sabina Hall, declare under penalty ofperjury under the laws ofthe State 0f California that the following facts are true and correct: I am a citizen of the United States, over the age of eighteen years, and not a party t0 the within action. I am an employee 0fBerliner Cohen, LLP, and my business address is Ten Almaden Boulevard, Eleventh Floor, San Jose, California 95113-2233. On July 26, 2021, I served the following document(s): PLAINTIFF'S CASE MANAGEMENT STATEMENT in the following manner: E by transmitting Via facsimile the document(s) listed above t0 the fax number(s) set forth below, or as stated 0n the attached service list, from the sending facsimile machine telephone number of . The transmission was reported as complete and Without error by the machine. Pursuant to California Rules of Court, Rule 2008(e)(4), I caused the machine t0 print a transmission record of the transmission, a copy of Which is attached to the original of this declaration. The transmission report was properly issued by the transmitting facsimile machine. by placing the document(s) listed above in a sealed envelope With postage thereon fully prepaid, in the United States mail at San Jose, California addressed as set forth below. by overnight mail by placing the document(s) listed above in a sealed overnight mail envelope With postage thereon fully prepaid, addressed as set forth below. by personally delivering the document(s) listed above t0 the person(s) at the address(es) set forth below. by e-mail or electronic transmission. Pursuant to Code 0f Civil Procedure §1010.6, I caused the document(s) to be sent to the person(s) at the e-mail address(es) listed below. EDGE ATTORNEY FOR DEFENDANTS Leo B. Siegel Law Office 0f Leo B. Siegel 16 Waugh Rd. Royal Oaks, CA 95076 Tel.: 83 1-768-91 10 Email: loeb@st0nesiegel.com I am readily familiar with my firm’s practice for collection and processing ofcorrespondence for mailing with the United States Postal Service/Express Mail, Federal Express and other overnight mail services, to Wit, that correspondence Will be deposited With the United States Postal Service/overnight mail service this same day in the ordinary course 0f business. Executed 0n July 26, 2021, at San Jose, California. SABINA HALL